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From: James B. and Mary E. Cutter 889-4246
86 Palm St., P.O. Box 69-Nashua, NH 03061.

Date: September 14, 2016
To: Alderman~At-Large Brian S. McCarthy, President BOA
Ce: Jim Donchess, Mayor, Steve Bolton, Corporation Counsel,

Thomas Lopez, Alderman, Ward 4.
Subject: 1949 Plat Plan error at 88 Palm Street.

Dear Alderman McCarthy,

The 1949 Plat Plan ord. specifically states 'a plat has to show the
actual dimension(boundary line) of the property. The Gilbertsons
should have known their plat was wrong when they got approval from
the city bldg. inspector; but, ignored it to claim our land.

The Gilbertsons did not obey the 1949 Plat ordinance and no one in
government has done anything to correct the Gilbertson permit.
Because of the importance to tax revenue Angelo Marino, Chief Tax
Assessor had the 88 Palm St. tax map corrected.

Many people have heard my complaints and it has caused Nashua to
lose thousands of dollars by the City ignoring us. It is a fact
and common sense there are business people who want their business
in a city or town that is good to their citizens.

Sincerely,

a

SECTION 01331

DOCUMENTATION

PART 1 - GENERAL

1.01 WORK INCLUDED:

A. This section covers the requirements for documentation to be furnished by the
Contractor on this project.

1.02 RELATED WORK:

A. Section 02441, CLEANING AND TELEVISION INSPECTION OF PIPELINES

1.03 DOCUMENTATION:

A. The Contractor shall maintain CCTV inspection video of sewer segments, for each
sewer line segment undergoing lining under this contract and provide two (2) copies
of the video in digital format and a written report within five (5) working days of the
work being performed.

B. The report(s) as a minimum shall clearly identify:

1. Project Name

2. Street Location, Name, Intersection, Station

3. Manhole Identification number.

4. Date of inspection

5. Total Length of Line Inspected

6. Line Size(s)/Joint Spacing/Type

7. Line and Manhole(s) Condition

8. Significant observations such as service connections, offset joints, drop joints,
broken/cracked pipe, protruding services, roots, collapsed sections, infiltration,
presence of scale and corrosion and other discernible features.

9. Reference to CCTV video number, including beginning and ending locations.

2022 Sewer Replacement Project Documentation

Nashua, NH

01331-1

Finance Committee - 8/2/2017 Page 18

Dan Kooken

| can check it out and let you know.

Mayor Donchess

This was discussed in some detail at the Board of Public Works.

Alderman Cookson

The discussion here doesn’t do me any favors. | can’t read anything within this discussion that makes me lean
one way or the other. I’m glad that you’re focusing on recycling because | think that is going to be helpful for
the city. | think more people are recycling. Again | don’t know what the breakout is between the recycle bins
or if it’s important to know what that breakout is.

Dan Kooken

They do run them in max on this. | Know that they let them run down pretty low before they repurchase
because the truckload is a significant quantity. Typically when we get the request in they usually order them
pretty quickly now.

Alderman Cookson

Where do we store them at the landfill?

Mayor Donchess

Yes. | think at the Public Works Mr. Lafleur said he’s got like a 2 or 3 week supply left. He doesn’t have that
much.

Alderman Cookson

But we’ve got the space to keep or maintain these until they’re purchased?

Mayor Donchess

Correct.
Alderman Cookson

| think there are a lot of people within the city that already have a trash bin or already have a recycle bin. Do
we know how many residents within the city have recycle bins? This has got to be based on supply and
demand. We can’t continue to purchase this same quantity of recycle bins with the expectation that they’re all
going to be sold. At some point in time, the city is going to be saturated and the demand is not going to be
there any longer. So do we know what the demand is?

Mayor Donchess

Well we know what the potential going on is. We can get these exact numbers but | think around 6,000 are out
but we have like 23,000 houses or whatever. There’s a potential demand that’s significant and they continue
to sell. In the end not every household is going to buy one but given the number of houses that don’t’ have
them and the number that they’re selling, the demand is still significant.

Finance Committee - 8/2/2017 Page 19
Alderman Wilshire

| Know this has always been a topic at least with the last administration and | about when do we replace them.
| think some of the cost is for the regular trash toters, not all of it. As you said, a majority might be for the
recycling toters. | know they do have to replace them at some point. My trash bin was quite old. | don’t’ know
when they started the program.

Alderman Caron
In ’03.
Alderman Wilshire

They do have an end of life. | imagine that some of this cost is to replace ones that are out there. I’ve seen
some toters on the street that have been chewed by squirrels. They must have a feeding frenzy. So of this
has to be replacement as well | assume.

Mayor Donchess

My top broke off and they came and they replaced it. They’re very frugal. They didn’t try to give me a new
toter they just came and replaced the top. They’re running and efficient, effective replacement operation.

Alderman Cookson

Can we just information from the Superintendent. More detailed information about the demand, the quantities,
the breakout between trash and recyclable. That would be helpful. I’m not going to hold this up this evening.
I’d like that information. Thank you.

Mayor Donchess

Have you bought your toter?
Alderman Cookson

Absolutely. | use my recyclable toter more than my trash. There are some weeks that | don’t even have to
take the trash bin to the road because the toter and my compost bin is being utilized more than household
trash.

Alderman Wilshire

| do have to say that | do live in a condo complex now and they don’t recycle. | really don’t like that. | know
there was some discussion in the past about getting apartment complexes, condo complexes. I’d love to see
that happen. | think we should. | think at some point we should have everyone in the city recycle. Just wanted
to throw that out there. | miss my green recycling bin. | Know | can still take it to the landfill but it’s not quite
the same as getting it picked up.

Mayor Donchess

Well that came up on Saturday. We could get into what happened. We did have a Recycling Committee if you
remember. It kind of got derailed. Its’ a long story. That came up on Saturday. So we’re going to try to initiate
that discussion. It may not be possible for the city to ever go in and do — it really isn’t going to be possible to
do curbside recycling throughout all the condos but it may be possible to set up a central location where
everybody could deposit their stuff and the city would pick up periodically. One of the residents of Ward 7 who
showed up on Saturday at coffee, it's someone I’m sure you’re familiar with who raised it and | said okay we'll

Finance Committee - 8/2/2017 Page 20

make sure you come in and let’s start talking about it again. It was from the condo project on Harbor Ave. A
few of the condo projects do have their own — as part of their pickup but many do not.

MOTION CARRIED
UNFINISHED BUSINESS — None
NEW BUSINESS — None
TABLED IN COMMITTEE

MOTION BY ALDERMAN WILSHIRE TO TAKE FROM THE TABLE R-17-111
MOTION CARRIED

R-17-111
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman Sean M. McGuinness
Alderman Ken Siegel
AUTHORIZING THE CITY OF NASHUA TO AMEND THE LEASE FOR THE HERITAGE RAIL TRAIL
COMMUNITY GARDEN
e Tabled pending Infrastructure Recommendation — 7/5/17
e Committee on Infrastructure Recommended Final Passage - 7/26/117

MOTION BY ALDERMAN WILSHIRE TO RECOMMEND FINAL PASSAGE
MOTION CARRIED

RECORD OF EXPENDITURES

MOTION BY ALDERMAN O’BRIEN THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
JULY 14, 2017 TO JULY 27, 2017

MOTION CARRIED

PUBLIC COMMENT - None
GENERAL DISCUSSION
Alderman Cookson

Just briefly and | was looking for the message and | don’t see it. At the last Finance meeting, we had a
discussion around the cell towers at Mine Falls. We were talking about the movement of the vendors that were
on the pole to the new pole and when that was going to happen. Corporation Counsel provided us a
communication in an e-mail later that said that he thought it was 2023 that the vendor was going to be off of
that pole but he didn’t have one of the page of the contract which had the exact date. | just wanted to know
what his office was doing in order to get the rest of the contract or that information so that we would have a
complete file on it.

Mayor Donchess

We can get that to you.

Finance Committee - 8/2/2017 Page 21
POSSIBLE NON-PUBLIC SESSION - None

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 8:15 p.m.

Alderman-at-Large Michael B. O’Brien, Sr.
Committee Clerk, pro tem

FINANCE COMMITTEE

AUGUST 2, 2017

7:00 PM Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

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Steven A. Bolton, Corporation Counsel
Agreement with Patrick Engineering, Inc.

Dan Kooken, Purchasing Manager
Fire Alarm Console Furniture (Value: $65,937); Department: 157 Citywide Communications
Fund: Radio Communications Upgrade Citywide Capital Projects, Furniture & Fixtures

Dan Kooken, Purchasing Manager

Contract Award for Roadside and Trail Mowing (Value: Not-to-Exceed $26,000)
Department: 177 Parks and Recreation; Funds: General and Trust; Account Category:
Professional Services $22,000; Department; 169 Wastewater; Fund: Wastewater;
Account Category: 55 Other Purchased Services $4,000

Dan Kooken, Purchasing Manager
Perma-Line of New England for Purchase of Signs, Poles, Parts and Pavement Paint
(Value: $25,000); Department: 161 Streets; Fund: General

Dan Kooken, Purchasing Manager

2016 Street Paving Program — Change Order No. 2 (Value: $2,058,630); Department: 160
Admin/Engineering; Fund: General; Activity: Multi-Years Paving; Department: 169 Wastewater
Fund: Wastewater; Activities: Sewer Structures

Dan Kooken, Purchasing Manager

2017 Street Paving Program — Change Order No. 1 (Value: $474,205); Department: 161

Street; Fund: General; Activity: Paving; Department: 160 Admin/Engineering; Fund: General
Activity: Multi-Years Paving; Department: 169 Wastewater, Fund: Wastewater; Activities: Sewer
Structures

Dan Kooken, Purchasing Manager
Castings Purchase for the 2017 Street Paving Program — Change Order No. 1 (Value: $61,209)
Department: 169 Wastewater; Fund: Wastewater; Activity: Sewer Structures

Dan Kooken, Purchasing Manager
Headworks Upgrade Project - Change Order #5 (Value: $17,453); Department: 169 Wastewater
Fund: SRF Loan

Dan Kooken, Purchasing Manager
WWTF Plant Oversight Services - Amendment #1 (Value: $23,920); Department: 169 Wastewater
Fund: Wastewater

Dan Kooken, Purchasing Manager
Grinder Replacement (Value: $15,292): Department: 169 Wastewater; Fund: Wastewater

Dan Kooken, Purchasing Manager
Analytical Testing Services (Value: $43,650); Department: 169 Wastewater; Fund: Wastewater

From:

Re:

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Dan Kooken, Purchasing Manager
Raw Sewage Pump Impeller Repair (Value: $14,250); Department: 169 Wastewater; Fund

Wastewater

Dan Kooken, Purchasing Manager
Tire Recycling - Three Year Pricing Agreement (Value: $41,111); Department: 168 Solid Waste
Fund: Solid Waste

Dan Kooken, Purchasing Manager
FY18 Landfill Engineering Services (Value: Not-to-Exceed $80,000); Department: 168 Solid Waste

Fund: Solid Waste

Dan Kooken, Purchasing Manager
To Approve the Purchase of Recycling and Trash Carts from Toter, Inc. (Value: Not-to-Exceed
$145,000); Department: 168 Solid Waste; Fund: Solid Waste

UNFINISHED BUSINESS — None

NEW BUSINESS — None

TABLED IN COMMITTEE

R-17-111

Endorsers: Mayor Jim Donchess

Alderman-at-Large Lori Wilshire
Alderman Tom Lopez

Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman Sean M. McGuinness
Alderman Ken Siegel

AUTHORIZING THE CITY OF NASHUA TO AMEND THE LEASE FOR THE HERITAGE RAIL TRAIL
COMMUNITY GARDEN

e Tabled pending Infrastructure Recommendation — 7/5/17
e Committee on Infrastructure Recommended Final Passage - 7/26/117

RECORD OF EXPENDITURES

PUBLIC COMMENT
REMARKS BY THE ALDERMEN

NON-PUBLIC SESSION

ADJOURNMENT

THE CITY OF NASHUA “The Gate City
Office of Corboration Counsel

Nashua Finance Committee
Re: E.D. Swett v. City of Nashua

July26, 2017

Nashua Finance Committee:

As you are aware we are currently in litigation with E. D. Swett, Inc. concerning its work on the
Broad Street Parkway construction. In order to prepare for and to try that case it is necessary for
the city to utilize the services of two of the employees of Patrick Engineering, Inc. Herewith
please find a letter agreement proposed by Patrick outlining the costs and conditions relative to
those services. I request that you authorize me to execute this agreement for the purposes herein
expressed. I will be present at your meeting of August 2, 2017 to respond to any questions or

further discuss as desired.

ven A. Bolton
Corporation Counsel

Very truly yours,

229 Main Street ¢ Nashua, New Hampshire 03060 e¢ Phone (603) 589-3250 e Fax (603) 589-3259

ENGINEERING
Juiy 12, 2017

Stephen M. Bennett

Wadleigh, Starr & Peters, P.L.L.C.
95 Market Street

Manchester, NH 03101

Subject: E.D. Swett, Inc. v. City of Nashua, NH
Dear Mr. Bennett,

We are in receipt of your letter dated July 12, 2017 and have discussed the terms with both Mr. Dye and Mr. El-
Beik. Patrick Engineering will be cooperative and will, to the extent practicable, coordinate the scheduling of time
for them to provide testimony on behalf of the City of Nashua. Because the schedule and duration of this claim is
unknown, there is no guarantee they can be provided on dates requested.

As you stated, Patrick Engineering Inc. was not involved in any way with the project that is the subject of the claim;
even so, it is requested that the City indemnify Patrick so as to eliminate the potential for Patrick to be involved in
any manner with this case.

We are proposing the following indemnification agreement be incorporated into the terms of their involvement.

To the fullest extent permitted by law, the City of Nashua shall indemnify, defend and hold PATRICK
ENGINEERING INC., its employees and agents harmless from and against all demands, claims, suits, liabilities,
fines, penalties, and costs including reasonable attorney's fees and costs of litigation (“Claim”) caused by or
arising out of any action associated with the case between E.D. Swett, Inc. v. City of Nashua, NH; Hillsborough
County Superior Court docket no. 217-2016-CV-473.

We propose to invoice for the time spent by Mr. Dye and Mr. El-Beik on behalf of the City of Nashua using the
following rates which include general administration expenses but exclude direct expenses.

Mr. Dye: $225 per hour

Mr. El-Beik: $185 per hour

Direct expenses will be invoiced at cost plus 10%. Invoices will be sent monthly and are due net 30 days.

If the City is in agreement, please have an authorized person sign in the space provided below and return a copy to
the commercial contact for Patrick Engineering, Mr. Marc R. Chabot, Northeast Program Director, at the Beacon
Street address noted below. Mr. Chabot can also be reached at 617-715-6904, and at mchabot@patrickco.com.
The City can communicate directly with Mr. Dye to schedule the testimony and any preparation work.

Sincerely,

PATRICK ENGINEERING INC.

Vere

Jeffrey C. Schuh, President

ACCEPTANCE
The City of Nashua, NH, agrees with the terms and conditions stated above, INCLUDING THE INDEMNIFICATION
OF PATRICK ENGINEERING INC.

Accepted by: Date:
Name (Print): Title:

11 Beacon Street, Suite 735, Boston, Massachusetts 02108 | 800.799.7050 | patrickco.com